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[Back] DECISION DIGEST  
Record no. 1873
Case name: Humphreys v. Victoria (City)
Date: 1912-01-05
Jurisdiction: Canada - British Columbia
Court: Supreme Court
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Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Victoria (City)   Applicant
  Humphreys, Caroline   Respondent
Before: Decision maker Designation
Gregory, Francis Brooke J.
Lawyers: Name   Appearing for
  McDiarmid, Frederick A.   Applicant
  Fell, Thornton   Respondent
Experts:  
Taking type: [Subscribers only]
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Decision: Application by the City of Victoria for an order setting aside an arbitration award of compensation made pursuant to the Municipal Clauses Act, R.S.B.C. 1911, c. 170. Several objections were taken to the award which were dismissed. However, the court found that interest had been awarded improperly for the portion of the award attributable to injurious affection and further the interest rate allowed was too high. The arbitration award was modified to provide for interest at 5% instead of 7% and only on the portion of the award attributable to market value of the land taken.
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Statute references: [Subscribers only]
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Related decisions:      
  Earlier
 
  Later
  [1912] EXLAW 6 B.C. C.A. 1912-06-04
Neutral citation: N/A
ExLaw citation: [1912] EXLAW 5
Parallel citations: [1911] B.C.J. No. 94
  [1911] B.C.J. No. 136
  (1911) 1 W.W.R. 227
  [1912] B.C.J. No. 53
  (1912) 17 B.C.R. 258
  (1912) 19 W.L.R. 615
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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